logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.11 2015구단10662
요양불승인처분취소
Text

1. On February 27, 2015, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 31, 2015, while working in the (ju) Eth Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the Plaintiff was killed in the injury (hereinafter “the instant disaster”) involving “AIR COCOMCOPE COMPE Pipe Corporation and AICOMDDUT Corporation” (hereinafter “instant construction”) in the factory located in the Seocheon-gu, Daegu-gu, Daegu-gu, Seoul-gu, Seoul-gu, Seoul-gu, Seoul-gu, Seoul (hereinafter “Scida”). The Plaintiff fell from the shooting bridge and fell from the shooting bridge, and was killed in the injury (hereinafter “the instant disaster”).

B. On February 13, 2015, the Plaintiff filed an application for medical care benefits with the Defendant. On February 27, 2015, the Defendant rendered the instant disposition against the Plaintiff on the ground that “The instant construction project executed by a person who has no license for the construction business, whose total construction cost is less than KRW 20 million, and thus does not meet the requirements for bound application of industrial accident insurance under Article 6 of the Industrial Accident Compensation Insurance Act (i.e., Industrial Accident Insurance Act) and Article 2 of the Enforcement Decree of the same Act.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to Article 2(1)2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for the Plaintiff’s Claim Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Employment Insurance Act”), “total Construction” means civil engineering works, construction works, other construction works for structures, and renovation, repair, alteration, dismantling, etc. of construction articles, and preparation and finishing works for each of the above construction works. The instant construction works are the relocation of completed structures, and do not fall under the construction works for buildings or structures, and are moved by the Nonparty Company while selling and installing parts of existing machinery, and thus, “a assembly installation following sales” is “a assembly installation following sales.”

arrow